Supreme Court’s verdict on Khap Panchayats’ marriage decision

A Khap is a community organization representing a clan or a group of related clans. They are found mostly in northern India, particularly among the Jat people of Western Uttar Pradesh and Haryana, although historically the term has also been used among other communities. A Khap Panchayat is an assembly of Khap elders, and a Sarv Khap is an assembly of many Khap Panchayats

The Supreme Court (SC) today declared illegal any attempt by khap panchayats to end a marriage between consenting adults.

The SC said that any assembly which is intended to scuttle a marriage between two consenting adults is also illegal. The orders were passed by a three-judge bench, headed by Chief Justice of India Dipak Misra, and Justices AM Khanwilkar and DY Chandrachud.

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An NGO Shakti Vahini had in 2010 moved the top court seeking directions from the central and state governments to prevent and control so-called honor killings in states like Haryana, Punjab, and Uttar Pradesh. Most of the cases were seen linked to khap panchayats, powerful bodies that practically lay down the law and dominate lives in rural areas. The non-profit had asked the court for directions to the center and state governments to prevent honor killings.

Last month, the SC had harsh words for khap panchayats taking the law into their own hands with so-called honor killings, and strongly urged the Centre to protect couples from such actions. At the time, the apex court also told the ‘khaps’ they cannot become “self-appointed conscience keepers” when there is a law and there are courts to deal with marriages that may be prohibited by law.

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During the hearings, the court chided the khap panchayats and advised them against behaving like conscience keepers of the society. Khap panchayats argue that they are not against inter-caste or inter-faith marriages, but only against marriages within the same gotra, or clan.

The SC said when two adults get married, it was for the law to declare the marriage null and void and khaps cannot resort to violence against the couple.